COSTA RICA Law and Practice Contributed by: Harry Zurcher, Marco López Volio and Kristel Faith Neurohr, Zurcher, Odio & Raven
ed. Common law trade mark rights do not apply in Costa Rica. Costa Rican law does not provide statutory protection for specific categories of trade marks that differs from the protection afforded to ordinary trade marks. The only special protection according to Costa Rican law is regarding famous or notorious trade marks. If the requirements for trade mark registration are met, industrial designs may be admissible for trade mark protection. A trade mark can be any sign or combination of signs capable of distinguishing goods or services, espe - cially: • words or groups of words (including personal names); • letters; • numbers; • figurative elements; • figures; • monograms; • portraits; • labels; • coats of arms; • prints; • vignettes; • borders; • lines or stripes; • combinations and arrangements of colours; as well as • any other distinctive feature. Likewise, they may consist of the form, presentation or packaging of the products, their containers, or wrappings or of the means or premises of sale of the products or services concerned. Costa Rica applies the classification of goods and services contained in the Nice Agreement. There are also certain government symbols that have special protection, such as flags, emblems and national symbols. Furthermore, in line with interna - tional treaties, other specific prohibitions may apply to
signs such as those of the Red Cross or the Olympic Games. Additionally, Costa Rica recognises and protects trade marks that are famous outside the country but are not yet registered or in use locally. It is possible to refuse a trade mark in Costa Rica, taking into account well- known foreign trade marks. 2.2 Essential Elements of Trade Mark Protection A distinctive character is required to apply for trade mark protection, in addition to the formal requirements of a trade mark application. Use is also important in Costa Rica. However, distinctive signs must be prop - erly registered to be fully protected. Distinctive apti - tude is acquired with respect to the product or service to which it is applied. This means that the trade mark is not generic, descriptive or misleading of the product or service. The secondary meaning does not apply in Costa Rica. A brand can lose its distinctive character when it becomes a generic name, serving as an indi - cator of the product or service’s origin, in commercial media and the public domain. 2.3 Trade Mark Rights The registration of a trade mark grants its owner the right of exclusivity and enforceable rights of protection against other identical or similar signs that are likely to cause confusion. The right of priority applies with - in the Registry and prior use rights can be claimed, even for unregistered trade marks, if actual prior use is proven. These rights are set out in Costa Rican trade mark law and local jurisprudence. These rights persist during the term of the trade mark. Costa Rica is also a contracting party to the WCT, so Article 11 of the Trademark and Other Distinctive A trade mark is considered in use when it has been placed on the market, in the quantity and form that normally corresponds, considering the size of the market, the nature of the products and the modalities under which they are marketed, as well as when the products or services have been exported or provided abroad from Costa Rica (if applicable). Signs Law is applicable. 2.4 Use in Commerce
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